Garrett County Public Schools
40 South Second Street
Oakland, MD 21550
(301)334-8900

ETHICS PROVISIONS

Board Policy

1. Applicability and Definitions

a.
The provisions of these regulations apply to all school officials and employees of the Garrett County School System.

b.
As used in this Chapter the term "gift" includes the transfer of any service or thing of economic value
regardless of form without adequate and lawful consideration, except for the solicitation or receipt of political
campaign contributions regulated in accordance with the provisions of Article 33, Sec. 26-1 et seq.,
Annotated Code of Maryland.

2. School System Ethics Panel

These regulations shall be administered by a Garrett County School System
Ethics Panel which shall have the following responsibilities:

a.
To devise, receive and maintain all forms generated by these regulations;

b.
To provide advisory opinions to persons subject to the regulations as to the applicability of these provisions to them;

c.
To process and make determinations as to complaints filed by any person alleging violations of these regulations; and

d. To refer findings regarding complaints and other enforcement matters to
the Public Schools for action.

e. To conduct an information program regarding the purposes and application
of these regulations.

3. Conflicts of Interest

Public Schools officials and employees who are subject to these regulations
shall not:

a.
Participate on behalf of the school system in any matter which would, to
their knowledge, have a direct financial impact, as distinguished from the
public generally, on them, their spouse or dependent child, or a business
entity with which they are affiliated.

b.
Participate in any matter on behalf of the school system with a business
entity in which that person holds or acquires an interest of either
$1,000.00 or 5% or greater in that entity or that has or is negotiating a
contract of $1,000.00 or more with the school system.

c.
Be employed by a business entity that is under the authority of the school
system or that has or in negotiating a contract of more than $1,000 with
the school system.

d.
Hold any outside employment relationship that would impair their
impartiality or independence of judgment.

e.
Represent any party, for a contingent fee, before the school system.

f.
Within one year following termination of the school system service, act as
a compensated representative of another in connection with any specific
matter in which he/she participated substantially as a school official or
employee.

g.
Solicit any gift or accept gifts of greater than $10 in value from any
person that is under the authority of the school system or that has or is
negotiating a contract with the school system, except where such gifts
would not present a conflict of interest as determined by the Ethics Panel.

h.
Use the prestige of their offices for their own benefit or that of another.

i.
Use confidential information acquired in their official school system
position for their own benefit or that of another.

4. Financial Disclosure

a.
The school officials listed in subsection (c) of this section shall file
annually no later than January 31 of each calendar year during which they
hold office, a statement with the Ethics Panel disclosing any gifts
received during the preceding calendar year from any person under the
authority of the school system or having a contract with the school
system. The statement shall identify the donor of the gift and its
approximate retail value at the time of receipt.

b.
Candidates for elective Public Schools offices listed in subsection
(c) of this section shall file statements consistent with the requirements
of subsection (a) of this section at the time that they file their
certificate of candidacy.

c.
Officials required to file:

1. Members of the Public Schools
2. Superintendent of Schools

d.
All school officials or candidates for elective office to positions
subject to this section shall file a statement with the Ethics Panel
disclosing any interest or employment the holding of which would require
disqualification from participation pursuant to section 3(a) of these
regulations, sufficiently in advance of any anticipated action to allow
adequate disclosure to the public.

e.
Disclosure statements filed pursuant to this section shall be maintained
by the Ethics Panel as public records available for public inspection and copying.

5. Lobbying Disclosure

a.
Any person who personally appears before any school official or employee
with the intent to influence that person in performance of his/her official
duties, and who, in connection with such intent expends or reasonably
expects to expend in a given calendar year in excess of $100 on food,
entertainment or other gifts for such officials, shall file a registration
statement with the Ethics Panel no later than January 15 of the calendar
year or within 5 days after first making such appearances.

b.
The registration statement shall include complete identification of the
registrant and of any other person on whose behalf the registrant acts. It
shall also identify the subject matter on which the registrant proposes to
make such appearances, and shall cover a defined registration period not
to exceed one calendar year.

c.
Registrants under this section shall file a report within 30 days after
the end of any calendar year during which they were registered, disclosing
the value, date, and nature of any food, entertainment or other gift
provided to a school official or employee. Where a gift or series of gifts
to a single official or employee exceed $100 in value, the official or
employee shall also be identified.

d.
The registrations and reports filed pursuant to this section shall be
maintained by the Ethics Panel as public records available for public
inspection and copying.

6. Exemptions and Modifications

The Ethics Panel or the Public Schools, as appropriate, may grant
exemptions and modifications to the provisions of sections 3 and 4 of these
regulations if it is determined that application of those provisions would:

a.
Constitute an unreasonable invasion of privacy;

b.
Significantly reduce the availability of qualified persons for public service; and

c. Not be required to preserve the purposes of these regulations.

7. Sanctions

a.
Violation by any school official or employee of the provisions of these
regulations shall constitute grounds for discipline or personnel action,
or removal from office where provided by law, consistent with procedures
set forth in The Public School Laws and by-laws of Maryland and Garrett
County Public Schools policies and procedures.

b.
Persons or organizations found in violation of the lobbying provisions of
these regulations shall be publicity identified and subject to other
penalties as provided by law.

c.
Violation of any of the provisions of these regulations shall be subject
to the provisions or sanctions in The Public School Laws and by-laws of
Maryland and Garrett County Public Schools policies and procedures.*

*Note:
This provision is to be used where there are existing criminal or civil
provisions that might also be applicable to conduct covered by the ethics
regulations, or is for use if the Legislature provides further penalty authority
under the Public Ethics Law.